Special Needs Trusts & Guardianship

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Who will take care of a physically or developmentally challenged child's personal, legal and financial matters if the primary caregivers pass away? 

Without proper planning, disabled children or family members will likely be disqualified from receiving Medical Assistance, SSI or other governmental benefits if he or she receives an inheritance of as little as $2,000. 

The Brownley Law Group provides personalized legal planning services to parents and caregivers of persons with disabilities.  

A Special Needs Trust - sometimes called a "supplemental needs trust" makes it possible to appoint a trustee to hold property for the benefit of your disabled child after you're gone. A special needs trust provides for the needs of a disabled person without disqualifying him or her from benefits received from government programs such as Social Security and Medicaid.

Our services include drafting special needs trusts, wills, letters of instruction and other legal documents as well as Guardianship creation and transition planning for older adolescent children into college, work, group home and assisted living environments. 

Costs for Trusts/Guardianship Case Analysis

We feel so passionate about special needs planning and about defending the rights of individuals with special needs that we regularly give free seminars to group homes, parent groups and other associations who specialize in caring for developmentally disabled and physically disabled children and adults. 

For individuals, the Brownley Law group charges a flat fee for Trusts or Guardianship Case Analysis: $400 in our office, or $200 at your residence
(in the Northern Virginia Metro area).

Additional Costs for Guardianships

An Uncontested Guardianship case can range in costs from $3,000-$8,000. The costs include the following: petitioner’s attorney’s fees; court filing fees; service of process fees; surety bond fees; Guardian ad litem fee; physicians’ fees; costs for copies of medical records. 

After the legal guardian/conservator has been appointed and qualified, the costs to administer the guardianship estate include the following: attorney’s fees to prepare the inventory and accounting; statutory fees paid to the guardian/conservator; fees charged by the Commissioner of Accounts (Virginia) to review and file inventories and accountings; costs associated with maintaining estate assets and fees relating to the sale of estate assets. 

Contested Guardianship cases are very expensive due mostly to the attorneys’ fees to handle the trial. Costs will usually start at a low of $10,000

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Planning is critical when you care for individuals with disabilities. Estate plans and trusts must be written using specific statutory language to allow persons with disabilities to retain their governmental benefits. We know and understand these special legal documents. We can help you do it right.

We make estate and transition planning easy and affordable for our clients. We provide a checklist up front so you can compile the documents and paperwork, and we offer:

  • House calls (in the Northern Virginia Metro area). We meet with you in your home at your convenience

  • A written up-front case analysis (flat fee applies)

  • Education regarding special needs trusts and disability rights

  • Assessment of public benefits currently received and assets to be transferred into a special needs trust

  • Outline of steps necessary to establish the special needs trust, drafting of appropriate documents, and help with the transfer of assets to the special needs trust or the creation of a transition plan

  • Assistance in the administration of the special needs trust

We provide a team approach utilizing attorneys and support staff, plus outside associates, such as accountants, as needed. With a little planning, you can make your disabled child's future potentially much brighter.

Let us help you with our affordable flat fee Trusts/Guardianship Case Analysis. Call or e-mail today for an appointment.



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